19 January 2021
Author: Drivers Claim Team
In October 2016 a group of Uber drivers brought claims against Uber for the company's failure to provide drivers with basic worker's rights. Uber claims its business model means its private hire drivers are not entitled to basic workers’ rights, such as holiday pay or the National Minimum Wage. The number of drivers challenging this model is growing. They hope to prove they should be treated as workers, rather than self-employed independent contractors.
In 2016, 25 Uber drivers brought the claim to an Employment Tribunal. The Tribunal's purpose was to assess the employment status of Uber drivers and determine whether they could be classed as workers. Uber claimed that it simply acted as an agent to connect self-employed drivers with passengers.
The Tribunal ruled that Uber drivers should be treated as workers and meaning they would be eligible for paid holidays and the National Minimum Wage. Uber appealed this ruling and refused to offer those workers’ rights for its drivers.
In 2017 Uber took the case to the Employment Appeal Tribunal to dispute the initial ruling. Throughout the appeal, Uber claimed that they were an agent and not a direct employer.
They again argued that the Uber app simply connected drivers, who they state are 'partners', with passengers. The Employment Appeal Tribunal upheld the initial ruling. Rather than accept both rulings, Uber again contested the decision.
Uber appealed again to the Court of Appeal, who heard the case in October 2018. The Court of Appeal again sided with the drivers, upholding the original decision that Uber drivers are workers.
Uber now has one last chance to defend itself against the claims brought against it by drivers. If the Supreme Court supports the three previous rulings, Uber will have no choice but to accept its drivers are workers. This means that tens of thousands of Uber drivers across the UK will be entitled to workers’ rights.
The Supreme Court hearing is set to take place on the 21st and 22nd July 2020. If the Supreme Court does rule that drivers should be treated as workers, then all Uber drivers across the UK will be entitled to workers’ rights. However, only drivers who join the claim could be eligible to receive compensation which could be up to £12,000.
If you have driven for Uber in the last 10 weeks you are eligible to join our claim and could be entitled to up to £12,000 in compensation. You can find more information about the claim in our FAQ section here FAQs. The Uber Drivers Claim is led by Leigh Day, a nationwide law firm who specialise in group employment cases. Leigh Day are representing Uber drivers and are acting on a no-win-no-fee basis.
Last updated 29 January 2021 by the Drivers Claim Team